IN THE CASE OF:	  

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130007497 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 November 2003 to show:

* his service in Iraq
* that he graduated from the Airborne Course
* award of the Global War on Terrorism Expeditionary Medal
* award of the Global War on Terrorism Service Medal

2.  The applicant states he was not aware of the importance of this information until he filed for disability compensation.

3.  The applicant provides:

* DD Form 214
* undated statement from Sergeant First Class (SFC) H____
* printout from a Department of Veterans Affairs (VA) database
* email from the Patient Advocate, VA Long Beach Healthcare System, dated 11 April 2013

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 8 November 2000, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 92Y (Unit Supply Specialist).  He immediately reenlisted on 19 December 2002.

3.  He was assigned to the 1st Field Artillery Detachment (FAD) (Airborne) on 30 August 2001.

4.  According to the U.S. Army Airborne School at Fort Benning, GA, the applicant attended the Basic Airborne Course from 18 October to 8 November 2002.  He graduated on 8 November 2002 and was awarded the Parachutist Badge.

5.  An email from the Defense Finance and Accounting Service (DFAS), dated 15 May 2013, states the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 8 February through 17 June 2003 for service in Kuwait.

6.  On 13 November 2003, he was discharged by reason of personality disorder. 
His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  His DD Form 214 also shows the following entries:

* item 12c (Net Active Service This Period) – 0003  00  06 (3 years and 6 days)
* item 12f (Foreign Service) – 0000  00  00 (none)
* item 14 (Military Education) – Unit Supply Specialist Course, 8 weeks, 2001
* item 18 (Remarks) – no deployment to Iraq

8.  The U.S. Army Human Resources Command website for awards shows the 1st FAD (Airborne) was awarded the Presidential Unit Citation (Navy) for the period 21 March 2003 to 24 April 2003.

9.  He provided an undated statement from SFC H____.  SFC H____ described occurrences and incidents during their deployment for the initial invasion of Iraq from 7 February 2003 to 16 June 2003.  He stated they were assigned to the 11th Marine Artillery Regiment.  He stated the 1st FAD was awarded the Navy Presidential Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, to include Kuwait.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraq Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The pertinent approved campaigns are the:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal.

	d.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Foreign service performed during the period covered in item 12c of the DD Form 214 will be entered in item 12f.

	b.  When an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYYMMDD format.

	c.  Formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in item 14.  The entry is to include the title, length in weeks, and the year completed.  The information entered in item 14 is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates the applicant was in Iraq are not a matter of record.  However, the invasion of Iraq did not occur until 19 March 2003.  At that point he had served at least 30 consecutive days in Kuwait.  Therefore, this and the dates of the award of the Presidential Unit Citation (Navy), the email from DFAS stating he received HFP/IDP and CZTE from 8 February through 17 June 2003, and the statement from SFC H____ are sufficient to determine:

	a.  He completed 4 months and 10 days of foreign service.  Therefore, item 12f of his DD Form 214 should show "0000  04  10."

	b.  He is authorized award of the Global War on Terrorism Expeditionary Medal.

	c.  He is authorized award of the Iraq Campaign Medal with two bronze service stars.

	d.  The entry "SERVICE IN KUWAIT/IRAQ FROM 20030208-20030617" should be entered in item 18 of his DD Form 214.

2.  He was assigned to the 1st FAD (Airborne) during the period the unit was awarded the Presidential Unit Citation (Navy).  Therefore, he is authorized to have this unit award added to his DD Form 214.

3.  He served 30 consecutive days outside the area of eligibility for award of the Iraq Campaign Medal.  Therefore, he is authorized the award of the Global War on Terrorism Service Medal.

4.  According to the U.S. Army Airborne School at Fort Benning, GA, the applicant attended the Basic Airborne Course from 18 October to 8 November 2002.  Therefore, this course should be added to item 14 of his DD Form 214.

5.  Graduates of the U.S. Army Airborne School are awarded the basic Parachutist Badge.  Therefore, this badge should be added to his DD Form 214.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 13 November 2003 as follows:

	a.  changing item 12f to show "0000  04  10";

	b.  adding the entry "Basic Airborne Course, 3 weeks, 2002" to item 14;

	c.  adding the following awards:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Presidential Unit Citation (Navy)
* Parachutist Badge

	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030208-20030617" to item 18.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130007497



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ABCMR Record of Proceedings (cont)                                         AR20130007497



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